Agency Worker Rights

[tighnamara]

Not a major issue but annoying, current place I work as PAYE contractor has car parking split where only staff are allowed to park (2/3)

The other 1/3 is open to contractors and staff, this was accepted when the majority of contractors were Limited Company. Annoying as there can be spaces in the staff areas not used when the only spaces available to contractors are all taken.

Now that they have made a near blanket ruling on PAYE only contractors on agency worker contracts it was expected parking would be opened up to all as per the agency working regulations.

“Regulation 12
From day one of an assignment, agency workers are entitled to be treated no less favourably than a comparable worker or employee in relation to access to collective facilities and amenities provided by the hirer.”

They are adamant they will not be allowing contractors the same parking as staff but want us treated like staff re PAYE.

Is this something they should be adhering to or are the dated regulations not worth the paper they are written on.

[mmm-five]

You really need to ask your agency manager to raise it with the HR team at your client.

I believe they should offer the same parking options to Agency Workers as they do to employees.

My current client offers parking for Agency Workers, but not Contractors...but your client (as I guess the agency is your employer) may not recognise a difference between the two.

Whilst the regulations say an Agency Worker should be treated the same, you'll find those same regulations say that is does not apply to some extra benefits that employees may get, such as company pension, company shares, company bonuses, company healthcare plan, company car, or enhanced redundancy, sick or maternity pay.

[tighnamara]

mmm-five said:

You really need to ask your agency manager to raise it with the HR team at your client.

I believe they should offer the same parking options to Agency Workers as they do to employees.

My current client offers parking for Agency Workers, but not Contractors...but your client (as I guess the agency is your employer) may not recognise a difference between the two.

Whilst the regulations say an Agency Worker should be treated the same, you'll find those same regulations say that is does not apply to some extra benefits that employees may get, such as company pension, company shares, company bonuses, company healthcare plan, company car, or enhanced redundancy, sick or maternity pay.

Thanks, more annoying than anything else, comment ahs come from the top but have asked the agency to clarify.

[Countdown]

Looks like i was wrong.

https://keyportfolio.co.com/faq/what-are-my-rights...

Linky said:

In addition, they must be granted equal access to all on-site facilities. Thus, if an end-user client provides its permanent employees with access to a car park (for example), it must provide access to the agency worker on the same basis.

[Ussrcossack]

And next.....
We don't need you anymore

Tread carefully

[Spleen]

Christ, car parks. I left the Army last year and now work in civvy street. I had no idea that work car parks were such a thing and can turn the most mild-mannered of people into raging lunatics. Truly bonkers.

[nikaiyo2]

Countdown said:

Looks like i was wrong.

https://keyportfolio.co.com/faq/what-are-my-rights...

Linky said:

In addition, they must be granted equal access to all on-site facilities. Thus, if an end-user client provides its permanent employees with access to a car park (for example), it must provide access to the agency worker on the same basis.

So how does this work in practice?

In our main factory we have 45 car parking spaces 40 are allocated to named individuals (we have a parking map I st you not) 5 are customer parking only. I want to take on a short term agency worker and tell them there is no parking on site, this is against the rules?

Customer parking spaces are off limits and not something I would compromise on.

Take a staff members space off them and give to temp? Can’t see that being popular nor “equal.”

I know what my solution would be… this member of staff is no longer required.

[tighnamara]

nikaiyo2 said:

So how does this work in practice?

In our main factory we have 45 car parking spaces 40 are allocated to named individuals (we have a parking map I st you not) 5 are customer parking only. I want to take on a short term agency worker and tell them there is no parking on site, this is against the rules?

Customer parking spaces are off limits and not something I would compromise on.

Take a staff members space off them and give to temp? Can’t see that being popular nor “equal.”

I know what my solution would be… this member of staff is no longer required.

My point is, if companies want to use the agency worker regulations and make contractors PAYE they should adhere to the regulations and not “cherry pick” the parts they want.

Named parking I don’t think is an issue, this is a 400 space car park with staff having access to all spaces and contractors only 100.

Working as limited company you accepted that you were not entitled to the same as staff, but now companies are using PAYE contractors they need to make changes at their side not just at the contractor side.

Just making a point, maybe poorly as there are a number of areas they have failed on with the change over from using Limited Company to PAYE.

Maybe I am wrong, but if companies are going to “use” contractors under the agency worker regulations they should adhere to the regulation.

“Access to collective facilities and amenities Regulation 12
From day one of an assignment, agency workers are entitled to be treated no less favourably than a comparable worker or employee1 in relation to access to collective facilities and amenities provided by the hirer.”

Edited by tighnamara on Saturday 25th September 18:28

[MustangGT]

nikaiyo2 said:

So how does this work in practice?

In our main factory we have 45 car parking spaces 40 are allocated to named individuals (we have a parking map I st you not) 5 are customer parking only. I want to take on a short term agency worker and tell them there is no parking on site, this is against the rules?

Customer parking spaces are off limits and not something I would compromise on.

Take a staff members space off them and give to temp? Can’t see that being popular nor “equal.”

I know what my solution would be… this member of staff is no longer required.

If you only have 40 workers on site you may have an issue. If there are more than 40 then all the others do not get parking on site either, so, no problem.

[Chozza]

nikaiyo2 said:

In our main factory we have 45 car parking spaces 40 are allocated to named individuals (we have a parking map I st you not) 5 are customer parking only. I want to take on a short term agency worker and tell them there is no parking on site, this is against the rules?

The 40 named individual are paying how much for this benefit ? Having allocated spaces and a map , especially somewhere were parking is expensive - must be of interest to the tax man

[Countdown]

Chozza said:

The 40 named individual are paying how much for this benefit ? Having allocated spaces and a map , especially somewhere were parking is expensive - must be of interest to the tax man

Employer-provided parking isn't taxable (assuming it's on the Employer's premises)

[IJWS15]

Countdown said:

Employer-provided parking isn't taxable (assuming it's on the Employer's premises)

Even labour realised that you can't tax a nurse to park at a city centre hospital so it makes it impossible to tax a company director for the same faciltiy.

Are these agency staff really agency or just PAYE contractors?

[Countdown]

IJWS15 said:

Even labour realised that you can't tax a nurse to park at a city centre hospital so it makes it impossible to tax a company director for the same faciltiy.

It's not actually that hard (see Nottingham's Workplace Parking levy). You would simply exempt Public Sector employers.